The New York Times Company et al v. Bureau of Alcohol, Tobacco, Firearms, and Explosives

by Harry Hammitt on March 30th, 2017

We have added 48 documents from 8 FOIA cases filed between March 19, 2017 and March 25, 2017. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

The New York Times Company et al v. Bureau of Alcohol, Tobacco, Firearms, and Explosives(filed Mar 24, 2017)
New York Times reporter Matt Apuzzo submitted two FOIA requests to the Bureau of Alcohol, Tobacco, and Firearms for records concerning changes in policy for tobacco smuggling investigations. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the New York Times filed suit.Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

JUDICIAL WATCH, INC. v. DEPARTMENT OF EDUCATION(filed Mar 20, 2017)
Judicial Watch submitted a FOIA request to the Department of Education for records concerning a coding error in the calculation of repayment rate data in the College Scorecard. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Judicial Watch filed suit.Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index

CAUSE OF ACTION INSTITUTE v. ENVIRONMENTAL PROTECTION AGENCY(filed Mar 21, 2017)
Cause of Action Institute submitted a FOIA request to the EPA for records concerning coomunications received by agency employees using the app Signal. Cause of Action Institute also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. The agency denied Cause of Action Institute’s request for expedited processing and told Cause of Action that the cost of responding would be less than the minimum amount chargeable. Cause of Action Institute filed an administrative appeal pertaining to the denial of its request for expedited processing. The agency upheld its decision on expedited processing. Cause of Action Institute then filed suit.Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

NATIVE AMERICAN DISABILITY LAW CENTER v. UNITED STATES DEPARTMENT OF THE INTERIOR et al(filed Mar 21, 2017)
The Native American Disability Law Center submitted a FOIA request to the Bureau of Indian Affairs for records about the Havasupai Reservation Elementary School. The agency asked the Center for clarification of its request. The Center clarified its request. After 15 months, the agency provided some records. The Center then filed a complaint with the Office of Government Information Services. The Center also filed an administrative appeal. After hearing nothing further from the agency, the Center filed suit.Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. ELECTION ASSISTANCE COMMISSION(filed Mar 22, 2017)
Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Election Assistance Commission for records concerning communications received from the White House pertaining to the status of the commission and other issues. After hearing nothing further from the agency, CREW filed suit.Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

Frost v. Wilkinson(filed Mar 23, 2017)
Vinton Frost submitted a FOIA request to the Executive Office for U.S. Attorneys. The agency told Frost he would need to identify what offices he believed had responsive records in order for the agency to conduct a search. Frost provided more information, but after hearing nothing further from the agency, Frost filed suit.Issues: Failure to respond within statutory time limit